Hague moves toward an international convention

Hague moves toward an international convention

When babies move between countries, at times the rules that apply appear to be inconsistent, if any. Each country seems to be making up their own rules, which are often inconsistent with other countries’ rules.

For over 100 years a number of countries, including Australia, have met at The Hague in the Netherlands and agreed to conventions covering international rules, including the Hague Inter-country Adoption Convention and the Hague Child Abduction Convention, to name two. The organisation at The Hague  is called The Hague Conference on Private International Law.

For some time now, as I have blogged before, The Hague Conference has been looking at the possibility of a Hague Convention concerning private international arrangements for children, including international surrogacy arrangements.

It looks as though there will be the bare bones version of a convention early next year, after The Hague Conference agreed to convene a group of experts early next year to look at private international rules concerning children, including international surrogacy arrangements.The group should be geographically representative and should be appointed in consultation with member nations.

When I was asked by any number of media following the Baby Gammy saga about how to prevent it happening again, I said that there were three ways:

  1. Australia allowing compensated surrogacy under a national system, so that we were not exporting our problems around the world. Australians generally would rather undertake surrogacy at home not abroad, if it is available.
  2. Australia seeking to persuade other countries to put in place appropriate standards for IVF and surrogacy, to minimise the possibility of trafficking and exploitation.
  3. There being a sensible Hague Convention.
The C

Hopefully,  this step by The Hague Conference will bring about the last of these.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Surrogacy in Cyprus: Understanding the North vs South Divide

Surrogacy in Cyprus sounds, at first glance, like it might offer a Mediterranean alternative for intended parents looking overseas. In reality, Cyprus is not one surrogacy destination but two very different legal and political environments sitting on the same island. That divide matters enormously. For Australians in particular, surrogacy in Cyprus raises serious practical, legal… Read More »Surrogacy in Cyprus: Understanding the North vs South Divide

Surrogacy in Kyrgyzstan: The New Frontier or a Legal Minefield?

Surrogacy in Kyrgyzstan is suddenly attracting attention, particularly among intended parents looking for countries that appear more open than the usual destinations. On paper, the change is striking. In 2024, Kyrgyzstan introduced laws allowing surrogacy and, unlike some neighbouring former Soviet states, it appears to permit a much broader group of intended parents to access… Read More »Surrogacy in Kyrgyzstan: The New Frontier or a Legal Minefield?

The End of International Surrogacy in Kenya? What Australians Need to Know

Surrogacy in Kenya has long sat in an uneasy space. It has been available, it has been used by some foreign intended parents, and yet it has operated in a legal environment that is largely unregulated. For Australians, that combination should always have rung alarm bells. The numbers alone tell part of the story. Very… Read More »The End of International Surrogacy in Kenya? What Australians Need to Know

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board